Femi Falana
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Renowned human rights advocate and Senior Advocate of Nigeria, Femi Falana, has backed the Economic and Financial Crimes Commission, asserting that the anti-graft body operated entirely within its legal jurisdiction when placing a freeze on the financial records of the Osun State Government.

Speaking as a guest on Channels Television’s Politics Today on Friday, Falana maintained that the commission committed no legal breach, emphasizing that the President himself validated the legality of the agency’s steps while raising questions solely concerning the timing.

“As far as the law is concerned, the EFCC has not acted illegally. As a matter of fact, that came out in the statement of the President, that whereas, ‘I’m not questioning your mandate and the exercise of your powers; however, I’m embarrassed,’ ” Falana said.

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He explained that the legal framework grants the EFCC authority to freeze accounts belonging to the Federal Government, states, or municipal authorities if required, provided the agency files court papers within a strict 72-hour window.

“Under the law, the EFCC has the power to freeze the account of the Federal Government or of any state or local government in Nigeria and, in not more than 72 hours, has to go to court,” he added.

The legal practitioner further cautioned against creating a precedent where anti-corruption bodies halt ongoing probes simply due to impending political polls.

“We must be very careful that we don’t give the dangerous impression that when elections are 10, 20 or 30 days away, the anti-graft agency must turn the other eye. If funds are being moved to the tune of billions of naira, it cannot ignore such transactions simply because elections are coming,” he said.

Addressing President Bola Tinubu’s subsequent intervention, Falana noted that administrative channels through the Attorney-General of the Federation could have served as an alternative method for addressing any discomfort regarding the timing.

“The embarrassment alluded to by the President would have been handled by the Attorney-General of the Federation. The President would have advised the Attorney-General, ‘I am disturbed by the development in Osun State; please take over the case,” the SAN suggested.

The dispute flared up on Wednesday after Governor Ademola Adeleke publicly condemned the action against the state accounts, labeling it a politically driven maneuver ahead of the Osun gubernatorial vote.

Conversely, the commission defended its stance, explaining that the restriction followed the identification of suspicious financial activity channeled into different corporate accounts as part of its mandate to safeguard public assets.

Following President Tinubu’s Thursday directive instructing the anti-fraud body to seek an immediate court vacation of the order—citing concerns that the timing might spark perceptions of federal interference—Governor Adeleke launched a ₦2 billion legal action against the agency.

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